Skip to main content

Full text of "USA v. Aaron Swartz - Criminal Document #19"

See other formats


Case 1 :1 1 -cr-1 0260-NMG Document 1 9 Filed 09/27/1 1 Page 1 of 2 



UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 



Crim. No. 11-CR-10260-NMG 



UNITED STATES 
OF AMERICA] 



AARON SWARTZ, 
Defendant. 



DEFENDANT'S MOTION TO COMPEL DISCOVERY 

Pursuant to Local Rule 116.3(G) and the September 9, 2011 order of this Court, 
Aaron Swartz moves this Court for an order compelling the government to provide 
discovery as provided by F.R. Crim. Proc. 16 and by the automatic discovery provisions 
in Rules 116.1(A)(1) and (C) and 116.2. The grounds for this motion are stated in the 
accompanying memorandum of law. A proposed order is attached to this motion as 
Exhibit A. 

Respectfully submitted, 



/s/Andrew Good 
Andrew Good 
BBO # 201240 
Good & Cormier 
83 Atlantic Avenue 
Boston, MA 02110 
Tel. 617-523-5933 
agood@goodcormier.com 



CERTIFICATE OF SERVICE 

I hereby certify that the foregoing document filed through the ECF system will be sent to 
counsel for the government who are registered participants as identified on the Notice of 



Case 1:1 1-cr-10260-NMG Document 19 Filed 09/27/1 1 Page 2 of 2 

Electronic Filing ("NEF"). 

DATED: September 27, 2011 

Isl Andrew Good 
Andrew Good 

G:\CLIENTS\Swartz, Aaron\Pleadings - Federal Court Case\Defendant's Motion to Compel Discovery drl.doc 



Case 1 :1 1 -cr-1 0260-NMG Document 1 9-1 Filed 09/27/1 1 Page 1 of 4 



Exhibit A 



Case 1:1 1-cr-10260-NMG Document 19-1 Filed 09/27/1 1 Page 2 of 4 



UNITED STATES DISTRICT COURT 
DISTRICT OF MASSACHUSETTS 



UNITED STATES OF AMERICA 



Crim. No. 11-CR-10260-NMG 



v. 

AARON SWARTZ, 
Defendant 

(PROPOSED) ORDER 

After consideration of the Government's motion for a protective order, the 
Defendant's motion to compel discovery, and the oppositions filed by both parties in 
response to the motions, it is ordered that the Government shall provide copies, or enable 
the Defendant to make copies, of the following that are within its possession, custody or 
control: 

1. All electronic data that constitutes or includes a written statement of Mr. 
Swartz including communications on Twitter, Facebook, text message and 
email or any other form of electronic communication. 

2. All data, documents, and tangible things including, but not limited to, data 
obtained from MIT and JSTOR, that are discoverable under Rule 16(a)(1)(E). 
All data includes: (A) all data seized from devices that the government has 
asserted belong to the defendant, including: 

• Acer laptop computer recovered at MIT 

• Western Digital hard drive recovered at MIT* 

• HP USB drive seized from the defendant at the time of his arrest 

• Apple iMac computer seized at Harvard 

• Western Digital hard drive seized at Harvard 

• HTC G2 cell phone seized during the search of the defendant's residence 



* Search warrant applications for devices seized at MIT and Harvard allege probable 
cause to believe that these devices belong to Mr. Swartz and are evidence of the 
commission of the offenses charged in the indictment. 



Case 1:1 1-cr-10260-NMG Document 19-1 Filed 09/27/1 1 Page 3 of 4 

• Nokia 2320 cell phone seized during the search of the defendant's 
residence 

• Sony Micro Vault seized during the search of the defendant's residence 

(B) All data and items that are material to preparing the defense, namely, all 
data and items that constitute, or are evidence of, the occurrences and activity, 
including electronic communications, transmissions, and activity, that the 
government alleges occurred in the indictment. 

(C) All data and items that the government intends to use in its case-in-chief. 

3. All data, documents, and tangible things that constitute or are evidence of the 
potentially exculpatory information described in paragraph H.l and H.5 of the 
government's August 12, 2011 letter to defense counsel other than the 
fingerprint data that has already been produced. 

4. Full and complete copies of all video recordings made inside the wiring closet 
in the basement of MIT Building 16 including, but not limited to, recordings 
made on January 4 and 6, 2011. 

5. All data, documents, and tangible things that constitute or are evidence of the 
eyewitness identification procedure mentioned in paragraph G of the 
government's August 12, 2011 letter to defense counsel. 

When the data referred to in this order is computerized electronic data, 
transmissions, or communications, the government shall provide copies, or enable the 
defense to make copies, of the data in its native, bit-by-bit form, including all metadata, if 
the government has the data in its native format including all metadata. If the government 
does not have the data in its native form, including all metadata, it is to provide copies or 
enable the defense to make copies in the same computer searchable format of the data 



Case 1:1 1-cr-10260-NMG Document 19-1 Filed 09/27/1 1 Page 4 of 4 

that is within in the possession, custody and control of the government, including optical 
character recognition software format. 
SO ORDERED. 



JUDITH G. DEIN 
Date: United States Chief Magistrate Judge